High Court of DelhiW.P.(C)/19550/2025

Kent Homoeopathic Medical College And Hospital & ORS. v. Union Of India & ORS.

2025-12-23Hon'Ble Ms. Justice Jyoti Singh3 pages

$~22 * IN THE HIGH COURT OF DELHI AT NEW DELHI + KENT HOMOEOPATHIC MEDICAL COLLEGE AND HOSPITAL & ORS.

.....Petitioners Through:

Mr. Kundan Kumar Mishra and Mr.

Ratnesh Kumar, Advocates.

versus UNION OF INDIA & ORS.

.....Respondents Through:

Mr. Farman Ali, CGSC with Mr.

Hilal Haider, G.P., and Ms. Usha Jamnal, Advocate for R-1/UoI.

Ms. Ankita Chaudhary, Mr. Parmod Kumar Vishnoi, Mr. Shreyas Balaji and Mr. Chand Kapoor, Advocates for R-2.

Mr. Kumar Prashant, Advocate for R-3.

CORAM:

HON'BLE MS. JUSTICE JYOTI SINGH

O R D E R

% 23.12.2025 CM APPL. 81684/2025 (Exemption) 1.

Allowed, subject to all just exceptions.

Application stands disposed of.

This writ petition is filed on behalf of the Petitioners under Article 226 of the Constitution of India seeking the following reliefs:- "a. pending the final disposal of the present Writ Petition, pass an interim order directing the Respondents to provisionally reduce the NEET (UG/PG) qualifying percentile for BHMS admissions for the academic year 2025-26, or in the alternative, permit provisional admissions to the Petitioners' colleges at the 35th percentile, subject to the final outcome of The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

the present proceedings; and b. declare that the letter bearing Ref. No. 1/1/2025-AACCC dated 10.12.2025 (Annexure P-14), issued on the letterhead of the National Commission for Indian System of Medicine (NCISM) under the hand and seal of its Secretary, addressed to the Ministry of AYUSH, Government of India, purporting to withdraw the recommendation for reduction of the prescribed minimum NEET percentile for undergraduate courses for the Academic Year 2025-26, is illegal, without jurisdiction and inapplicable insofar as admissions to the Bachelor of Homoeopathic Medicine and Surgery (BHMS) undergraduate courses are concerned. c. direct the Respondent authorities, including the National Commission for Homeopathy and Respondent No.

1, to act upon, implement and give effect to the recommendations made pursuant to the Joint Commission Meeting dated 04.11.2025, as communicated vide letters dated 06.11.2025 (Annexure P-13) and 11.11.2025, and to grant the recommended relaxation in the prescribed minimum NEET percentile for admissions to BHMS undergraduate courses for the Academic Year 2025-26. d. pending the final disposal of the present Writ Petition, direct the Respondents to extend the last date of admission to the BHMS Undergraduate Course for the academic year 2025-26, so as to ensure meaningful implementation of any relaxation granted and to prevent irreparable loss to the Petitioners and prospective students; and e.

issue a writ of Mandamus or any other appropriate writ, order or direction, declaring the continued insistence of the Respondents on maintaining the 50th percentile qualifying benchmark for BHMS admissions for the academic year 2025-26, despite acute shortage of eligible candidates and overwhelming vacancy data, to be arbitrary, unreasonable and violative of Articles 14 and 19(1)(g) of the Constitution of India."

At the outset, learned counsel for the Petitioners, on instructions, submits that Petitioners will be satisfied at this stage if a direction is issued to Respondents No. 1 and 2 to treat this writ petition as a representation of the Petitioners and decide the same in a time bound manner. 5.

Issue notice.

Counsels, as above, accept notice on behalf of the respective Respondents.

Without going into the merits of the case, this writ petition is disposed The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

of directing Respondents No. 1 and 2 to treat this writ petition as a representation of the Petitioners and look into the grievances ventilated by the Petitioners in the writ petition and take a decision within four weeks from today. Reasoned and speaking order will be communicated to the Petitioners within one week from the date of decision. Needless to state, Petitioners will be at liberty to take recourse to appropriate legal remedies in case of any surviving grievance.

Pending application stands disposed of.

JYOTI SINGH, J DECEMBER 23, 2025 S.Sharma The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.